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A discussion of some of the reasons functus officio hinders rather than promotes achievement of the objective of management-labor arbitration and the power of the arbitrator to make monetary awards. The author offers some conclusions with respect to the operation of the doctrine of functus officio.

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Recent supreme court decisions and the arbitration process

Reflections on the language of the Steelworkers’ Trilogy. The author warns against any construing of “industrial common law” that would allow arbitrators to go outside the corners of the CBA. Freidin and Feller debate whether an employer should be deemed to have agreed to arbitrate the claimed violation of any term unless specifically included in …

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The status and expendability of the labor arbitrator: A panel discussion

The arbitrator member of the panel analyzes criticism of labor arbitration by the parties. He concludes that “most of the criticism comes from disgruntled participants” who object to losing. Mr. Friedin’s view is that “expendability must continue to be an occupational hazard if arbitration… is to survive.” The “right of selection” limit[s] the hazards of …

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